Highlights
Individual Assignment
Two years ago, Sarah bought a house in Helderberg, a suburb in the town of Somerset West. The house is situated high on a hill. She has been very fortunate in that the neighbouring erf is vacant, allowing uninterrupted views to the ocean in the distance. Recently, she became aware that the neighbour is planning to build a two-storey house on the vacant erf. Sarah is distraught, as the new house will completely block her beautiful view. She is also concerned that this will have a negative impact on the value of her property. Sarah comes to you for advice.
Advise Sarah by explaining the following:
a) Does she have a right to a view as one of the entitlements of ownership in terms of South African law?
b) What legal mechanisms may be available to her to protect her view?
Your advice to Sarah must include references to relevant case law and legislation, where applicable.
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